Mark McDonald

Practice

As a criminal defence Barrister for thirteen years, Mark has built up a substantial practice in all aspects of criminal law including, human trafficking, armed robbery, violence and sexual abuse. Mark has been led a number of times in both fraud and murder cases and has experience leading. As the Director and principle founder of the London Innocence project, he has extensive experience in the Court of Appeal. Mark has played a primary role in identifying the grounds, and obtaining leave, in a number of appeals including that of Michael Stone. As the former director of Amicus, he has lectured extensively on US death penalty litigation and constitutional law and regularly run courses to train British lawyers to work in the US. Mark also has a keen interest in Palestinian human rights and spent two months in Palestine on behalf of the Bar Human Rights Committee teaching International law to local lawyers.

Notable Cases

> R v Kalva – Human Trafficking (first human trafficking case in Cambridgeshire - listed for retrial).

> R v D – Rape.

> R v P – Indecent Assault (three young complainants).

> R v Maragh – Possession of Firearm.

> R v Trotter - Armed Robbery (multi-handed trial).

> R v Jane Sargeant – Attempted Murder.

> R v Coe - Violent Disorder – Notting Hill Carnival – 30 defendants split into three separate trials (1st on the Indictment).

> R v Mavurayi – Conspiracy to Facilitate Illegal Entry into the UK (leading junior).

> R v Bushell – Murder (x 3). VHCC

> R v Rathmill - Complex MTIC fraud (lasted six months).

Recent Appeal Cases

> R v Nuds [2008] EWCA Crim 148 – Appeal against conviction for Murder (use of cell confession).

> R v Coelho [2008] EWCA Crim 627 - Appeal against conviction (admissibility of confession).

> R v Paton [2007] EWCA Crim 1572 - Appeal against conviction for Kidnapping (Jury direction).

> R v Hussain [2007] EWCA Crim 859v - Appeal against conviction (Jury Direction).

> R v Michael Stone [2005] EWCA Crim 105 - Appeal against conviction (confession, fresh evidence).

> R v T (A Juvenile) [2001] EWCA Crim 1282 - Appeal against Sentence.

> R v Onyeabor – Appeal against conviction (summing- up in 19 minutes for a 16 day trial).

> R v Geen - Appeal against conviction for Murder (fresh expert evidence and bad Indictment).

> R v Cundell - Appeal against conviction (failed to warn jury of improper motive for witnesses to lie).

> R v Dempsey - Appeal against conviction for Murder (jury direction and fresh evidence).

> R v Cowell - Appeal against conviction multiple counts of Robbery (failure to investigate low IQ).

Other Activities

Amicus (Former Founding Director)
UK charity providing assistance to capital defence lawyers. Responsible for the training of interns and providing lectures on international human rights law.

Amicus Curiae Briefs

Drafted a number of Amicus Curiae briefs for submission to appellate courts on behalf of inmates on death row in the US. Subjects covered include:

> Comparative Analysis of Miranda and P.A.C.E. (led by Courtenay Griffiths Q.C.).

> Cruel and Unusual Punishment and the Magna Carta. (led by Philip
Sapsford Q.C.).

> The Execution of the Mentally Retarded and International law.

> The Execution of Juveniles and International Law.

Lecturing

> BHRC to Chinese lawyers “International perspectives on the death penalty”.

> Amicus “The rights of detainees on Guantanamo Bay”.

> Lincoln’s Inn “The ultimate trial - the death penalty in the USA”.

> Amicus “Mental retardation and capital punishment”.

> Training for solicitors “Practical consequences of the Human Rights Act”.

> Southend Crown Court “HRA and the treatment of mentally ill defendants” (including judiciary).

Specialisms

All areas of Criminal Defence